House Bill 885

AN ACT TO AMEND SECTION 37-13-107, MISSISSIPPI CODE OF 1972, TO REQUIRE SCHOOL ATTENDANCE OFFICERS TO COMPLETE A COMPREHENSIVE LEGAL TRAINING FOR PURPOSES OF IDEA AND SECTION 504 OF THE REHABILITATION ACT OF 1973 TO UNDERSTAND THE LEGAL RIGHTS AND PROVIDE PROPER INTERACTION AND REPORTING PROCEDURES FOR CHILDREN WITH DISABILITIES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 37-13-107, Mississippi Code of 1972, is amended as follows:

37-13-107. (1) Every school attendance officer shall be required annually to attend and complete a comprehensive course of training and education which is provided or approved by the Office of Compulsory School Attendance Enforcement of the State Department of Education. Additionally, every school attendance officer shall be required to attend and complete a comprehensive legal training for the Individuals with Disabilities in Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, which shall be sponsored by the Office of Special Education of the Mississippi Department of Education. This training shall enable school attendance officers to understand the legal rights of children with disabilities under IDEA or Section 504 of the Rehabilitation Act of 1973. This training shall also educate school attendance officers of the proper policies, procedures and requirements for reporting a child with a potential disability to the school district so that the district can properly locate, identify and possibly evaluate that child in compliance with its legal duty of child find based on federal and state IDEA regulations. Attendance shall be required beginning with the first training seminar conducted after the school attendance officer is employed as a school attendance officer.

(2) The Office of Compulsory School Attendance Enforcement shall provide or approve a course of training and education for school attendance officers of the state. The course shall consist of at least twelve (12) hours of training per year. The content of the course of training and when and where it is to be conducted shall be approved by the office. A certificate of completion shall be furnished by the State Department of Education to those school attendance officers who complete the course. Each certificate shall be made a permanent record of the school attendance officer supervisor's office where the school attendance officer is employed.

(3) Upon the failure of any person employed as a school attendance officer to receive the certificate of completion from the State Department of Education within the first year of his employment, the person shall not be allowed to carry out any of the duties of a school attendance officer and shall not be entitled to compensation for the period of time during which the certificate has not been obtained.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.